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Interim Order For Injunction In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
The TRO will usually last for a few weeks. Then there will be a hearing to decide whether the applicant should get a Permanent Restraining Order. (This order is actually limited to five years.)
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.
Please tell us as much as you can about what you are looking for, and tell us how we can reach you, including by email. Fill out and send a Request for Judicial Administrative Records form to the Public Information Officer by fax at (925) 608-2658 or by email at: mediainfo@contracostaurts.ca.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
Breaching an injunction is a serious crime and not taken lightly by the courts. In a circumstance where there is a breach, the court can hold the breacher in contempt of court and punish them with fines and, in extreme cases, imprisonment.
The Superior Court of Contra Costa implemented its E-filing system in 2022. They selected Odyssey Case Manager from Tyler Technologies, a software solution in use by 29 of the 58 courts in the state.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.